Week: 21–27 September 2026
Executive view
- The week’s most consequential development: the first mandatory education-agent commissions reporting opened in PRISMS on 21 September, with every CRICOS provider required to respond by 30 October 2026.
- A migration instrument registered on 24 September has generated some misleading commentary. It preserves the existing prohibition on holders of nine visa categories lodging Student or Student Guardian visa applications onshore. It does not introduce a new universal ban, attach No Further Stay conditions, or implement the broader migration package announced on 17 September.
- Official data also confirms severe ELICOS market contraction: enrolments were down 27% year-on-year in the first half of 2026.
1. Mandatory agent-commission reporting is now open
The first education-agent commissions collection opened in PRISMS on 21 September. It covers commissions and benefits given or incurred between 1 January and 30 June 2026. The deadline is 30 October 2026.
Every CRICOS provider must respond. Providers without reportable commissions must lodge a nil return. Failure to comply may attract a maximum penalty of $21,840; false or misleading information can create more serious offence and regulatory exposure. Information may be validated against PRISMS and other records. ASQA notice and Department guidance. ASQA
For each agent business, providers must report:
- accepted students for whom a direct commission was reported during the period;
- direct commissions attributable to identifiable students;
- indirect commissions such as retainers, volume bonuses, performance bonuses, event sponsorships and portal fees; and
- descriptions of non-monetary benefits, including travel, accommodation, gifts, events, facilities or free services.
Important accounting positions include:
- amounts reported GST-exclusive and in Australian dollars;
- accrual accounting preferred, although a documented cash basis may be used where appropriate;
- mixed payments split between direct and indirect components;
- reversals and clawbacks included, including negative amounts where applicable;
- non-monetary benefits described but not valued; and
- a separate provider-specific template for each CRICOS registration.
PRISMS pre-populates known agent businesses, but providers must add entities captured by the broader ESOS definition—including some contractors, casual recruiters and offshore businesses not previously listed. CoE Administrators have submission access; PEOs may not. The submitting user declares the return true, correct and complete on the PEO’s behalf. Finance Officer factsheet and PEO factsheet. education.gov.au
2. New student-visa instrument largely preserves existing law
Status: commenced 25 September; replacement instrument, not a new policy expansion
The Migration (Visas that Preclude a Person from Lodging a Student Visa Application in Australia) Instrument 2026 (LIN 26/068) was made on 21 September, registered on 24 September and commenced on 25 September.
It prevents holders of the following substantive temporary visas from making a valid subclass 500 or 590 application while in Australia:
- subclass 403—Domestic Worker (Diplomatic or Consular) stream;
- subclass 485;
- subclasses 600, 601, 602 and 651;
- subclasses 771 and 988; and
- primary holders of subclass 995.
An application that fails this Schedule 1 requirement is invalid and cannot be considered. Instrument and explanatory statement. Federal Register of Legislation
What did—and did not—change
The explanatory statement expressly says all nine visa categories were already specified in the predecessor instrument. The replacement was required because the earlier instrument was due to sunset on 1 October.
Therefore:
- this is legal continuity, not a new visitor-to-student or graduate-to-student ban;
- it does not attach condition 8503 to visitor visas;
- it does not implement the announced course-transfer or upward-progression requirements;
- it does not implement restrictions on student or graduate dependants; and
- it does not establish transitional rules for the broader 17 September package.
Actions
- Correct any content describing LIN 26/068 as a newly introduced prohibition.
- Continue treating attempted onshore subclass 500/590 applications by holders of the listed visas as invalid.
- Check No Further Stay conditions separately through VEVO or the grant notice.
- Do not assume that the broader announced visitor, dependant, progression or transfer measures have commenced.
3. ELICOS enrolments down 27%
Status: confirmed official data; commercial signal rather than regulatory change
International education data published on 25 September shows that, for the year to June 2026:
- international student numbers fell 7% year-on-year;
- new student numbers fell 8%;
- total enrolments fell 8%;
- commencements fell 9%; and
- ELICOS enrolments fell 27%, the largest sector decline, while higher education enrolments increased 2%.
The data reflects the first half of 2026 and therefore predates the September migration announcements. Department’s monthly international-student data. Department of Education, Australian Government
Implications
For providers, the national contraction indicates genuine pressure on enquiry volumes, offshore conversion and packaged-course demand. It may also increase discounting and commission competition among providers.
Actions:
- compare first-half commencements, average course duration and revenue by source market with the national contraction;
- identify whether the decline is concentrated in offshore students, onshore transfers or particular agent channels;
- protect contribution margin rather than responding with indiscriminate discounts;
- strengthen short-term, institutional and non-student-visa English propositions where commercially appropriate;
4. OMARA reinforces supervision and correction obligations
On 22 September, OMARA imposed a one-year caution, continuing until specified conditions are met, after finding Code breaches involving:
- professional diligence and client treatment;
- failure to discuss correcting false or misleading information given to the Department;
- failure to ensure the accuracy of work performed by others;
- misleading business promotion; and
- failure to act in the client’s legitimate interests and follow lawful instructions.
Official OMARA decision. portal.mara.gov.au
This is particularly relevant after the Government’s announcement that it intends to strengthen the Code concerning non-meritorious applications. However, no replacement or amending Code instrument implementing that announcement was identified this week. The existing Code remains operative.
Migration practices – conduct a review of staff-prepared work, introduce a documented correction/escalation process for inaccurate information, and check all promotional claims about success rates, “guaranteed” outcomes and staff qualifications.
5. Immediate deadlines
1 October: VET Data Provision Requirements
The amended Data Provision Requirements commence on 1 October. RTOs must maintain a digital system capable of storing and reporting required data. Transition to the VET Information Standard is staged, with most existing non-STA RTOs able to select a date up to 1 January 2029. Offshore-delivery cessation notifications also commence on 1 October. This does not independently apply to an ELICOS-only provider. ASQA guidance. ASQA
5 October: BSB80120
From 5 October, uncommenced BSB80120 Graduate Diploma of Management (Learning) CoEs will be cancelled and affected CRICOS registrations suspended or cancelled. Providers should now be in final implementation mode, including PRISMS reconciliation, student notices, alternative-course decisions and refund calculations. Department guidance. Department of Education, Australian Government
No consequential change identified
- ELICOS Standards: no amendment and no change to student work rights.
- General ESOS/National Code: no new general amendment this week; the agent-commission collection is the main new operational obligation.
- TPS: no final 2027 levy settings. Interactive consultation continues on 13–14 October. TPS consultation. Department of Education, Australian Government
- Broader migration package: no operative dependant, course-progression, transfer, WHM-ballot or protection-review instrument identified.
- RMA Code: no announced amendment has yet been registered.
- Higher-education allocation and Ombudsman legislation: no material operational change identified this week.
MigrationAgents #MigrationPractice #PracticeManagement #ClientService #ESOS #InternationalEducation #StudyinAustralia #Educli